Standing orders under IR Code rules are compulsory for every industrial establishment that has 300 or more workers, or had them on any day in the preceding twelve months (Industrial Relations Code, 2020, section 28). The old threshold under the 1946 Standing Orders Act was 100. An employer can adopt the Central Government’s Model Standing Orders, 2026, effective from 8 May 2026, which are then deemed certified, or send draft standing orders to the certifying officer, who must decide within 60 days or the drafts are deemed certified.
| Point | Position |
|---|---|
| Threshold | 300 or more workers on any day in the preceding 12 months (s.28) |
| Model standing orders | Model Standing Orders, 2026 for manufacturing, mining and services, issued 8 May 2026 (s.29) |
| Until certification | The model standing orders are deemed adopted (s.29(2)) |
| Draft timeline | Prepare drafts within six months (s.30(1) and (4)) |
| Adopting the model | Deemed certified; inform the certifying officer (s.30(3)) |
| Certifying officer | Decide within 60 days, else deemed certified (s.30(5) proviso) |
| Old standing orders | Continue as deemed certified so far as consistent with the Code (s.30(11)) |
What standing orders are and who needs them
Standing orders are the written service rules of an industrial establishment. The First Schedule of the IR Code lists what they must cover, including classification of workers, shift working, attendance and late coming, leave and holidays, suspension and termination, misconduct, and the procedure for disciplinary action.
Count workers per establishment, not per company, and use the twelve-month look-back. A Gurugram auto parts plant with 280 workers that hired 40 temporary hands for a three-month order crossed 300 on those days, so the chapter applies to it. “Worker” excludes managerial and administrative staff and supervisors drawing over ₹18,000 a month, so headcount should be built on actual duties.
Below 300 workers, standing orders under IR Code rules are not compulsory. A written HR policy and disciplinary procedure is still the best defence in any dispute.
Standing orders under IR Code: adopt the model or certify your own
Route 1: adopt the Model Standing Orders, 2026. The Central Government issued separate models for manufacturing, mining and services under section 29, effective 8 May 2026. An employer that adopts the relevant model, adapted to its needs, is deemed to have certified standing orders (s.30(3)). It must notify the certifying officer electronically of the adoption date, and the officer may direct amendments within the prescribed period.
Route 2: certify your own drafts. The employer prepares drafts based on the model, covering every First Schedule matter, consults the trade union, recognised negotiating union or negotiating council, and sends the drafts to the certifying officer. The officer hears the union or workers’ representatives, decides what changes are needed, and certifies. If the officer does not finish within 60 days of receiving the drafts, they are deemed certified. Authenticated copies go to both sides within seven days of certification. An appeal lies to the appellate authority under section 32.
Until certified standing orders take effect, the model standing orders are deemed adopted (s.29(2)), so an establishment above 300 workers is never without rules.
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What the Model Standing Orders, 2026 contain
Law-firm summaries of the services sector model report these features (the manufacturing and mining models are separate documents, so check the one for your sector):
- Worker categories: permanent, temporary, apprentices, probationers, badlis, fixed-term and casual.
- Probation of six months, extendable by up to three months after assessment; a confirmation letter for eligible workers.
- Fixed-term workers get parity with permanent workers and gratuity after one year; end of the term is not retrenchment.
- Work from home recognised, subject to the appointment terms.
- Working hours displayed in Hindi, English and the local language.
- 21 days’ notice to start, change or discontinue shifts, save in emergencies.
- A misconduct list that includes unauthorised disclosure of confidential information, unauthorised access to IT systems and false reimbursement claims; sexual harassment handled under the POSH Act, 2013.
- Inquiry generally to be completed within 90 days of suspension; subsistence allowance of 50% of wages for the first 90 days and 75% after that, where the delay is not the worker’s fault.
- A service certificate within 10 days of exit, and a transfer policy made known to workers.
Practical steps for HR
- Confirm whether standing orders under IR Code apply: check the 300 count per establishment with the twelve-month look-back.
- Compare your existing certified standing orders with the Code. Provisions inconsistent with it no longer survive (s.30(11)).
- Choose a route: adopt the sector model with site-specific schedules, or draft and certify.
- Display the abstract and the working hours as the rules require.
- Before changing any Third Schedule matter (wages, hours, leave, shifts, discipline rules), give a notice of change and wait 21 days (s.40).
- Train supervisors on the misconduct list and inquiry timelines, since most disputes turn on procedure.
Example: Kesar Auto Components’ Pune plant has 420 workers. HR adopts the manufacturing model with plant shift schedules, notifies the certifying officer, and displays the abstract in Hindi, English and Marathi. When the plant later moves to a new shift pattern, it issues a notice of change and waits 21 days.
Frequently asked questions
Are standing orders under IR Code compulsory for 100 workers?
No. Under section 28 of the Industrial Relations Code, 2020, the standing orders chapter applies to industrial establishments with 300 or more workers on any day in the preceding twelve months. The 100-worker threshold belonged to the repealed Industrial Employment (Standing Orders) Act, 1946.
What happens if the certifying officer does not certify within 60 days?
The draft standing orders or modifications are deemed certified when the 60-day period ends, under the proviso to section 30(5) of the IR Code. The officer must otherwise hear the workers’ side and pass a written order within that time.
Do old certified standing orders still apply?
Yes, to the extent they are consistent with the IR Code and its rules. Section 30(11) treats standing orders in force on commencement as deemed certified on that basis, so inconsistent clauses need updating.
What are the Model Standing Orders 2026?
They are model service rules issued by the Central Government under section 29 of the IR Code on 8 May 2026, with separate versions for manufacturing, mining and services. Employers that adopt the relevant model are deemed to have certified standing orders.
Quick quiz
Q1. What is the worker threshold for compulsory standing orders under the IR Code?
- 50
- 100
- 300
- 500
Show answer
Answer: C. Section 28 applies the chapter at 300 or more workers.
Q2. An employer adopts the Central Government’s model standing orders. What is their status?
- Invalid until a court approves
- Deemed certified
- Valid for one year only
- Advisory only
Show answer
Answer: B. Section 30(3) treats adopted model standing orders as deemed certified.
Q3. Within how many days must the certifying officer complete certification before drafts are deemed certified?
- 21
- 30
- 60
- 90
Show answer
Answer: C. The proviso to s.30(5) sets 60 days.
For standing orders under IR Code and the rest of the IR Code module, see Labour Codes for HR Managers (₹599), a Lexfolio certificate of completion, not a professional qualification.
Sources
- Industrial Relations Code, 2020: ss.28, 29, 30, 32, 40 and the First and Third Schedules
- Model Standing Orders, 2026 (manufacturing, mining, services), 8 May 2026
- Industrial Relations (Central) Rules, 2026
This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
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